Receipt of a statement from Berlin I Regional Court (LG Berlin I; Judge Dr Busse-Muskala):
On 08.10.2025 I received a letter from Berlin Regional Court (Landgericht Berlin) dated 06.10.2025 which expressly referred to the statement of Heidering correctional facility (JVA Heidering) of 26.09.2025. The court stated that the statement was “enclosed together with annexes”. In fact, however, neither the statement nor any annexes were in the envelope.
The envelope itself was conspicuous because it bore neither a postmark nor postage. There is therefore a well-founded suspicion that the envelope was tampered with or even replaced, and that the annexes were removed inside the JVA. This accords with my later submission of 21.10.2025, in which I documented the absence of the announced documents and the suspicious condition of the envelope. No statement from JVA Heidering has been handed to me to this day.
(Annex 79_F2)
Berlin I Regional Court, Turmstraße 91, 10559 Berlin. Case reference: 599 StVK 215/25 Vollz. Date: 30.09.2025 (prepared on 06.10.2025). To Dmitry Bagrash, JVA Heidering.
Dear Mr Bagrash, in the above-mentioned sentence-enforcement matter I refer to the statement of Justizvollzugsanstalt Heidering of 26 September 2025. For your information and better understanding, I have enclosed with this letter the annexes sent with the statement.
The Chamber points out that, following summary examination, your application for a judicial decision, including the application for interim legal protection under § 114 StVollzG, is unlikely to succeed in view of the reasons stated by the facility, since the respondent has complied with your requested relief, leaving no apparent scope for a finding of unlawfulness as sought in point 1 of your application. The applicant’s request was complied with on 11.08.2025. Moreover, an interest in a subsequent declaratory finding, as required by § 115 Abs. 3 StVollzG Bund, has neither been put forward by the applicant nor is otherwise apparent.
Insofar as point 2 of your application seeks preventive legal protection, the application is already inadmissible, since requiring the respondent to take a particular measure “in reserve” would circumvent the statutory provisions of §§ 109 ff. StVollzG. Following summary examination, the application for interim legal protection is also unlikely to succeed owing to the absence of prospects of success in the main proceedings; moreover, the special requirements of § 114 StVollzG for an interim order are also absent.
In view of the early stage of the proceedings, the Chamber therefore proposes to put the proceedings aside informally (“formlos wegzulegen”). This means that no decision on costs potentially imposing a burden on you will be made either. Your consent to this procedure will be assumed unless you notify us otherwise within two weeks of receiving this letter.
Yours sincerely, Dr Busse-Muskala, judge at the Regional Court. Certified as a true copy: Weber, JOSekr’in, registry clerk (Urkundsbeamtin).
Applicant’s note: Contrary to the announcement in this letter, neither JVA Heidering’s statement of 26.09.2025 nor the announced annexes were enclosed in the envelope I received on 08.10.2025; the envelope also bore neither a postmark nor postage. I documented this to the Regional Court in my submission of 21.10.2025 (Annex 80_F2) and applied for preservation of evidence. No statement from JVA Heidering has been handed to me to this day.
Comment — assessment by Dmitry Bagrash
The court writes that the statement is “enclosed together with annexes” — none of it was in the envelope, which bore neither postage nor a postmark. The court’s written statement thus stands against the actual contents of the shipment. Only after a further application did I receive the statement on 10.11.2025 (chronology no. 126) — over a month later, in ongoing proceedings subject to a deadline for comments.
Document source
Annex 79_F2 (letter from LG Berlin of 06.10.2025 referring to the JVA statement of 26.09.2025): Anlage_79_F2.pdf
The objection to putting the proceedings aside informally and the applications to preserve evidence of the postal chain are documented under F2-122.